Bea Germaine Unas Class Student No.

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Criminal Law 2; RPC-Art.294; Robbery with violence against persons

People vs. Diu, 695 SCRA 229, [G.R. No. 201449], )April 3, 2013)

FACTS:

The surviving victim and the deceased were walking home from work along a street on an
evening. They saw three men facing the wall urinating. As soon as the sisters passed by the three men,
the accused, Diu, embraced the surviving victim while the two other accused held the deceased. Diu
grabbed the surviving victim’s bag which has P1,800.00 cash as she ran away. Meanwhile, the two
other accused embraced and stabbed the deceased while passing the knife to each other. For the
defense, the two accused denied their and participation in the incident, and mainly laid the blame on
their co-accused who remained at-large. The accused were found guilty beyond reasonable doubt of
robbery with homicide.

ISSUE:

Whether or not the accused were properly charged for the crime of robbery with homicide.

HELD:

Yes. the Court explained extensively the nature of the complex crime of Robbery with Homicide:
For the accused to be convicted of the said crime, the prosecution is burdened to prove the confluence
of the following elements:

(1) the taking of personal property is committed with violence or intimidation against persons;
(2) the property taken belongs to another;
(3) the taking is animo lucrandi; and
(4) by reason of the robbery or on the occasion thereof, homicide is committed.

In robbery with homicide, the original criminal design of the malefactor is to commit robbery,
with homicide perpetrated on the occasion or by reason of the robbery. The intent to commit robbery
must precede the taking of human life. The homicide may take place before, during or after the robbery.
It is only the result obtained, without reference or distinction as to the circumstances, causes or modes
or persons intervening in the commission of the crime that has to be taken into consideration. There is
no such felony of robbery with homicide through reckless imprudence or simple negligence. The
constitutive elements of the crime, namely, robbery and homicide, must be consummated. Intent to rob
is an internal act but may be inferred from proof of violent unlawful taking of personal property. When
the fact of asportation has been established beyond reasonable doubt, conviction of the accused is
justified.